Lucky Transport Service v. State of Kerala
Case brief
What is this about?
This order makes the interim order granting police protection to a petitioner awarded a transport contract absolute. The court held that respondents (trade unions) cannot obstruct the petitioner as a contract exists with the tendering authority, noting that disputes regarding work shares are for the company to resolve.
What did the court decide?
The interim order granting police protection and directing removal of obstruction by respondents 5 to 7 is made absolute.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944
WP(C) NO.26134 OF 2022
PETITIONER :-
M/s.LUCKY TRANSPORT SERVICE RAMEEZ ARCADE, CHEROOTTY ROAD, KOZHIKODE – 673 032, REPRESENTED BY THE MANAGING PARTNER, P.K. ABDUL NAZAR.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS :-
- 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, STATUE, THIRUVANANTHAPURAM – 695 001.
- 2 THE DISTRICT POLICE CHIEF, THRISSUR, KALYAN NAGAR, AYYANTHOLE, THRISSUR – 680 003.
Issues for consideration
3 issues framed by the court
Whether trade union respondents have the right to obstruct a petitioner who has been awarded a transportation contract by force majeure.
Whether the interim grant of protection to the petitioner should be made absolute in the absence of a law and order problem.
Whether the contentions regarding the unions' claim for a share in the work are within the scope of this civil writ petition.
Parties & counsel
- petitioner
Life International Carriers Pvt Ltd
- respondent
State of Kerala
- respondent
District Police Chief, Thrissur
- respondent
Station House Officer, Aloor Police Station
- respondent
Kerala Feeds Ltd
- respondent
Case details
As recorded by the court registry
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